High Court of Punjab and HaryanaCRM-M/24662/2019allowed

Pawan v. State Of Haryana And Another

2019-08-28Mr. Justice Gurvinder Singh Gill2 pages

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-24662-2019 (O&M) Date of Decision:-28.8.2019 Pawan Kumar ... Petitioner

Versus

State of Haryana and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Naveen Singh Panwar, Advocate for the petitioner. Mr. Brijesh Sharma, AAG, Haryana.

Mr. Kanwar Satbir, Advocate for respondent No.2. ***** GURVINDER SINGH GILL, J .(Oral) The petitioner has approached this Court seeking quashing of FIR No.0212 dated 1.6.2017 registered at Police Station Sonipat Sadar, District Sonipat under Sections 323, 377 and 498-A of Indian Penal Code, 1860 and all subsequent proceedings emanating therefrom on the basis of a compromise having been effected between the parties. Vide order dated 28.5.2019, the parties had been directed to appear before the Illaqa Magistrate/trial Court so as to get their statements recorded qua the factum of compromise.

Report of learned Additional Chief Judicial Magistrate, Sonipat has been received, wherein it has been reported that statements of petitioner/accused Pawan Kumar and also of complainant Rekha have been Pankaj Kakkar 2019.08.28 18:04 I attest to the accuracy and integrity of this document

( 2 ) CRM-M-24662-2019 (O&M) recorded to the effect that they have compromised the matter amongst themselves.

The learned Additional Chief Judicial Magistrate, Sonipat has specifically opined that the parties have entered into compromise voluntarily without there being any pressure, coercion or undue influence. In view of the aforesaid compromise and bearing in mind the law laid down by Full Bench of this Court in 2007(3) RCR (Crl.) 1052 Kulwinder Singh and others Vs. State of Punjab, the present petition is allowed and FIR No.0212 dated 1.6.2017 registered at Police Station Sonipat Sadar, District Sonipat under Sections 323, 377 and 498-A of Indian Penal Code, 1860 and all subsequent proceedings emanating therefrom are hereby quashed qua petitioner.

28.8.2019 ( Gurvinder Singh Gill ) pankaj Judge Whether reasoned/speaking Yes / No Whether reportable Yes / No Pankaj Kakkar 2019.08.28 18:04 I attest to the accuracy and integrity of this document